00RS HB599

HB599

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HB 599 (BR 2043) - P. Childers, S. Cave

     AN ACT relating to mining reclamation.
     Create a new section of KRS Chapter 350 to require the Natural Resources and Environmental Protection Cabinet to terminate any violation resulting from a reclamation liability on land outside a permitted area to which the coal operator has been denied access by a landowner; allow a penalty to be imposed and the violation to remain in the operator's file; and allow a person to seek remedy for damages caused to property by surface coal mining and reclamation operations.

HB 599 - AMENDMENTS


     HCS (1) - Retain original provisions of bill; insert new language to require that the cabinet advise the landowner of his or her rights; and prohibit cabinet from terminating any notice of noncompliance or cessation order if the denial of access to private property was procured through collusion between the operator and landowner.
     HCS (2) - Delete original provisions; create an easement of necessity for permittees or operators to abate a violation of imminent danger or significant imminent environmental harm; for other violations, require the cabinet to notify the landowner of the consequences of refusing to allow access to property by certified mail; specify what the consequences may be; define "collusion"; prohibit the termination of noncompliance or cessation orders where there is common ownership or control between the permittee or operator and the landowner or legal occupant; and authorize the cabinet to direct abatement measures necessary on land for which access has not been denied.
     HFA (1, P. Childers) - Amend HB 599 to create an easement of necessity for permittees or operators to abate a violation of imminent danger or significant imminent environmental harm; for other violations, require the cabinet to notify the landowner of the consequences of refusing to allow access to property by certified mail; specify what the consequences may be; define "collusion"; prohibit the termination of noncompliance or cessation orders where there is common ownership or control between the permittee or operator and the landowner or legal occupant; and authorize the cabinet to direct abatement measures necessary on land for which access has not been denied.

     Feb 7-introduced in House
     Feb 8-to Natural Resources and Environment (H); posted in committee
     Feb 23-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 24-2nd reading, to Rules
     Feb 29-recommitted to Appropriations and Revenue (H)
     Mar 1-posting waived
     Mar 3-reported favorably, to Rules with original Committee Substitute and Committee Substitute (2) ; floor amendment (1) filed to Committee Substitute
     Mar 6-posted for passage in the Regular Orders of the Day for Tuesday, March 7, 2000
     Mar 7-3rd reading, passed 95-1 with Committee Substitute (2), and floor amendment (1)
     Mar 8-received in Senate
     Mar 10-to Agriculture and Natural Resources (S)
     Mar 16-reported favorably, 1st reading, to Consent Calendar
     Mar 17-2nd reading, to Rules
     Mar 22-posted for passage in the Consent Orders of the Day for Thursday, March 23, 2000
     Mar 23-3rd reading, passed 36-2
     Mar 24-received in House; enrolled, signed by each presiding officer, delivered to Governor
     Mar 31-signed by Governor (Acts ch. 267)


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